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2014-09-17 23:22:27
2014-09-17 23:22:27

You can write them or call and request that your bankruptcy be removed. They do not have to remove it, however. It is generally the amount of time that it falls off your credit or is not considered when being looked at for credit.


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You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.

Probably not. It was an attempt to get out of paying debts and many creditors would consider this to be significant as an indication of your credit risk. A dismissed chapter 13 BK remains on the credit report for 7 years from the date of the dismissal. This is true for Experian and Transunion. Equifax keeps a dismissed Chapter 13 BK for 10 years after date of filing... if anyone has been successful in getting Equifax to remove this item after 7 years, please share how you did it !!

Get an "official" copy of your bankruptcy documents indicating the date that the Bankruptcy was dismissed. Send the official copies to each of the credit bureaus that are reporting the information and request that they update their files accordingly and to forward to you an updated copy of your credit report. The key word here is "request". do not demand, threaten or utilize any form of aggression. just be simple, polite and to the pint with your request This should solve the problem. Both Experian and Transunion remove a dismissed Chapter 13 bankruptcy after 7 years. Equifax's policy is to keep it on the credit report for 10 years. Has anyone been able to successfully request Equifax to remove this item after 7 years? While it's true that the negative impact of a dismissed bankruptcy filing is diluted with age, any reference to "bankruptcy" still casts a dark shadow on a credit report no matter how long ago it was filed.

Yes. I tried to remove a dismissed bankruptcy from my credit report. All agencys were contacted and so was the FTC. They said they had a legal right to keep the Bankruptcy dismissal information on the bureaus files.

Not really. Chapter 13 bankruptcy stays on the credit report for seven (7) years (can be ten, but usually seven) and Chapter 7 bankruptcy stays on the credit report for ten (10) years. Once the term is over, you may dispute the bankruptcy with the credit bureau, however, there are no ways to remove the bankruptcy until the term is complete.

The automatic stay is more a term of art. If a case has truly been dismissed and you can verify this online, then the automatic stay was also terminated at that time. Nothing needs to be filed or done on your part. Verify that it was dismissed though.

You must contact the lien holder. If necessary, Equifax can provide you with contact information for the creditor. Equifax can only remove it when the lien holder provides in writing a clearance of the lien.

You dont, the courts or credit companies are the only ones that can remove them. Very long process if they allow it and nowadays, they can choose to keep bankruptcy on your credit for 20 years or more.....

No, valid negative information must remain on a credit report for the required amount of time. In the case of a chapter 7 bankruptcy it is 10 years from the date of discharge.

Though legally it can be reported for up to 10 years after filing, most credit bureaus remove Chapter 13s after 7 years.

The bankruptcy is still on your credit report atleast under "Public Records". Any filings show up there. The fact that it was dismissed does not remove it. They see that you attempted to file atleast. (Or were forced to file) First, I would like to be sure the terminology is correct: A "dismissed" bankruptcy is one that was thrown out of Court for whatever reason, and the debts were never wiped out. A "discharged" bankruptcy is one that was successfully completed and the debts were wiped out. I am just guessing here - but I would say that a creditor would be hesitant to give a loan to someone with a dismissed bankruptcy since that person was in financial trouble sufficient to warrant filing bankruptcy, and if their case was dismissed, they STILL owe all that debt. I would think a creditor would be tentative to give even more credit to a person who has so much debt already that he or she tried to file bankruptcy on it once. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

No one ever plans to file for bankruptcy, but if you ever find yourself in a financial bind, filing for bankruptcy to remove most of your debts may be the only alternative you have to start over again and reclaim your life. By filing for bankruptcy, you can protect yourself from creditors that may try to repossess your property and who often make harassing calls to your home. In the United States, individuals that need to declare bankruptcy can file for either chapter 7 or chapter 13 bankruptcy protection. Chapter 7 bankruptcy protection is the typical bankruptcy that everyone thinks of when they hear the word. In chapter 7 bankruptcy, the courts will try to liquidate your assets in order to pay off your creditors. Once all your assets have been sold off, the rest of your debts will be discharged by the bankruptcy court. Chapter 13 bankruptcy is slightly different. Chapter 13 bankruptcy is often called a working man's bankruptcy and is intended for people that have jobs. In chapter 13 bankruptcy, your bills become reorganized and consolidated. You will then have to work out a payment plan for the courts. Once the court has approved your plan, you have a certain amount of time to pay off your debt according to the plan. Should you fail to adhere to the plan, your bankruptcy protection will be nullified, opening you up once again to creditors. In order to qualify for chapter 7 bankruptcy protection, you need to pass what the government calls a means test. In order to pass the means test and meet the qualifications for chapter 7 bankruptcy, you need to earn less than the median income of the state in which you reside. If you earn more than $167 over the median income of the state you do not qualify for chapter 7 bankruptcy. Many people want to qualify for chapter 7 because it discharges most of their debts instead of making them repay it later as in chapter 13. Chapter 7 and chapter 13 bankruptcies can eliminate most debts, but some debts can almost never be discharged by bankruptcy courts. This includes student loan debts, lawsuit awards, spouse and child support, and most taxes. Also before filing for bankruptcy it is important to know how a filing can affect the rest of your life. For one thing, chapter 7 stays on your credit report for up to 10 years. Chapter 13 bankruptcy will remain on your credit report for 7 years. Having a bankruptcy on your credit report will make it difficult to obtain loans, get credit cards, find housing, or even gaining employment.

There are many benefits associated with filing a Chapter 13 bankruptcy. The types of benefits that will result will depend on the facts of the case. Below is a few of the benefits available with filing a Chapter 13 bankruptcy.Pay Mortgage Arrears- You can set up a 3 to 5 year plan to pay mortgage arrears that are past due on your home. If you are in the process of being foreclosed and you are behind on your mortgage, you can set up a repayment plan for your mortgage arrears.Strip Second Mortgage- If your home value is below what you owe on your first mortgage and you have a second mortgage, you may be able to remove your second mortgage in a Chapter 13 bankruptcy.Pay Back Taxes- If you owe taxes to the federal and state government, you can set up a repayment plan through a Chapter 13 bankruptcy.These are just a few of the benefits that a Chapter 13 bankruptcy can provide.

You can request the 3 CRAs to remove it. (Equifax, Experian, Trans Union), but they don't have to for 10 years. Some people have luck doing this. And it depends on the chapter of bankruptcy that was filed also. Chapter 7's stay on your credit for 10 years, but Chapter 13's only stay on your credit for 7 years (so those can definitely be removed after 9 years). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

I may be wrong about this, but it is my understanding that you CAN'T get a Chapter 13 off your credit report until it automatically comes off 7 years from the date it was filed. But, if it's on there longer than 7 years, you can ask the credit reporting agency to remove it. A Chapter 13 bankruptcy is listed on your credit report for 7 years regardless of why the case was filed or whether it was successfully completed or dismissed (and Chapter 7's are on your credit for 10 years). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Yes you can, Kind of! I did exactly the same thing. I wrote letters to all three CRA's and 2 of the 3 removed them. I filed a complaint with FTC (FTC seems to be a worthless agency in my opinion) I still have not been able to get Equifax to remove it. They are wrong to report it and I have plenty of reasons. But under the law the can report it because it was filed. Once you submitt it to the court, you "have filed". This is a technicality and Equifax is just being willfully indignant. I suggest you don't give up. Keep trying. I am not giving up. I just recently had a chapter 11 removed from my credit on both Equifax and Trans Union, I am finding Experian to be the indignant one. The bankrupcy was involuntary and dismissed when it was discovered unfounded. I was curious if anyone can help me figure out how to get this mess gone. I NEVER EVEN FILED BANKRUPCY! - If you filed a petition with the bankruptcy court and got a case number you filed bankrupcty and can't have it removed. You may not have filed anything else or gone through with it but you filed banktrucpty.

The entry on the credit report is not incorrect, a dismissed bankruptcy remains on the CR for seven years from the date of the dismissal. Valid information cannot be expunged from a credit report until the required time limit has expired.

The bankruptcy will remain on the credit report until the required ten years has expired. UPDATE: Actually, you can force Equifax, Experian and TransUnion to remove a Bankruptcy from your credit report and you can do it legally using a federal law that is in place. Credit Bureaus MUST have "verifiable proof" of the "bankruptcy" in their files if they are going to report the negative item on your report. The dirty little secret the credit bureaus don't want you to know is that they do not have any "verifiable proof" in their files for any of the negative items on your credit report. The Federal Court that the bankruptcy was filed in may have this information on file but the credit bureaus don't. If you request the credit bureau to provide you with the "verifiable proof" that they have in their files they will remove the negative from your file.

The Fair Credit Reporting Act allows Chapter 7 bankruptcies to show on a consumer's credit report for 10 years from the "date of the order for relief or the date of adjudication". I don't know what "voluntarily dismissed" means. But if the bankruptcy was indeed dismissed, you could write a letter of dispute to the credit bureaus and request that the filing be removed. The bankuptcy will appear on your credit for 10 years from the date it is filed (since the filing date is the date on which the Order for Relief is issued). I'm not absolutely certain regarding the law on this issue since I've never researched it, but it has been my experience that credit reporting agencies usually won't remove a bankruptcy from your credit report even if it was voluntarily dismissed. I do not know if you can legally force them to remove it. I suspect the best one can do in such a situation, short of filing a lawsuit against the credit reporting agency if there is some law where you can force them to remove it, is ask them to remove it, and if they won't, then ask them to note the fact that it was voluntarily dismissed in the credit report. I believe the contact addresses for each of the three major credit reporting agencies are: Trans Union Corporation ATTN: Public Records Department 555 West Adams Street Chicago, IL 60661 Experian Profile Management P.O. Box 9558 Allen, TX 75013 Equifax P.O. Box 144717 Orlando, FL 32814 Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

No. What will happen is all the defaulted accounts listed in the bankruptcy will be marked as such.."included in bankruptcy". The credit history, late payments, judgments, etc. will remain the same. In addition to the scenario in the above answer: The bankruptcy filing itself will be listed in the "public records" portion of your credit report. The disposition needs to be listed also (the discharge). The "bad marks" (i.e., the accounts) will show on your credit for 7 years. The bankruptcy listing will show for 7 years for a completed and discharged Chapter 13 bankruptcy and 10 years for a discharged Chapter 7.

Nope...can't be done. The credit report MUST list accurately your history. We live with the history we make. BK is a matter of public court record and that will not change either....

It can remain on your credit report until someone decides to get it off. To remedy, you write to the credit reporting agency and explain that it was discharged by payment in full in a Chapter 13 more than seven years prior and ask them to get it off your report. They have to validate the debt at this point. It may take a couple of letters, etc. but eventually they will remove it. It isn't automatically removed. I am concerned because of the harrasment. They call me daily??

Filing bankruptcy does not remove a charge off report from a credit card on your credit report. It just adds bankruptcy to your credit report.

There is nothing that "removes" a name from a mortgage. That contract, like all contracts, is relevant until it is completed (paid). However, chapter 7 bankruptcy can discharge the debt. On any joint debt that one party discharges through bankruptcy, the other account holder becomes 100% liable for the balance.

Once a 13 is dismissed creditors can pursue collection by whatever means allowed under the debtor's state laws, this usually includes lawsuits. The only viable choice for the debtor is to protect as much real and personal property as possible before a creditor has a chance to file a lawsuit. If the debtor has not been served a civil suit summons they may still legally transfer property, remove themselves from bank accounts, and so forth.

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